Social Justice & Welfare·Amendments

Right to Equality — Amendments

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Version 1Updated 9 Mar 2026
AmendmentYearDescriptionImpact
1st Amendment1951Added Article 15(4), enabling the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This was a direct response to the *State of Madras v. Champakam Dorairajan* case.Provided the constitutional basis for affirmative action and reservation policies for backward classes in educational institutions and public services, balancing individual rights with social justice imperatives.
77th Amendment1995Inserted Article 16(4A), empowering the State to make provisions for reservation in matters of promotion for Scheduled Castes and Scheduled Tribes, if they are not adequately represented in the services under the State.Overcame the *Indra Sawhney* judgment's initial prohibition on reservation in promotions, allowing for affirmative action to extend to promotional avenues for SC/STs.
81st Amendment2000Inserted Article 16(4B), which allows the State to treat unfilled reserved vacancies of a year as a separate class of vacancies to be filled in any succeeding year, without being subject to the 50% reservation ceiling of that year.Enabled the 'carry forward' rule for reserved vacancies, ensuring that such vacancies do not lapse and are filled, even if it temporarily exceeds the 50% cap in a particular year.
85th Amendment2001Amended Article 16(4A) to provide for 'consequential seniority' in matters of promotion for Scheduled Castes and Scheduled Tribes. This ensures that promoted SC/ST employees retain their seniority over general category employees promoted later.Further strengthened reservation in promotions for SC/STs by ensuring that their seniority is protected, addressing concerns that promotions without seniority benefits would dilute the effectiveness of reservation.
93rd Amendment2006Inserted Article 15(5), enabling the State to make special provisions for the advancement of SEBCs, SCs, and STs in educational institutions, including private unaided ones, except for minority educational institutions.Extended reservation benefits to private unaided educational institutions, significantly broadening the scope of affirmative action in education and ensuring greater access for backward classes.
103rd Amendment2019Inserted Articles 15(6) and 16(6), providing for up to 10% reservation for Economically Weaker Sections (EWS) in admissions to educational institutions and public employment, in addition to existing reservations.Introduced economic criteria as a standalone basis for affirmative action, expanding the scope of reservation beyond social and educational backwardness and creating a new category of beneficiaries.
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